Title 8, UTILITIES AND TRANSPORTATION

Sec. 9. If the department has not acquired or commenced condemnation proceedings to acquire the real property, rights, or easements described in section 4 of this chapter within three (3) years after filing the description with the county recorder, the department loses the right …

Sec. 1. This chapter applies to Marion County. As added by P.L.153-2014, SEC.17.

Sec. 2. As used in this chapter, "board" refers to the board of a public transportation corporation providing public transportation services in Marion County. As added by P.L.153-2014, SEC.17.

Sec. 3. The board shall establish a foundation that is organized as a nonprofit corporation that is exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code to solicit and accept private funding, gifts, donations, bequests, devises, and contributio…

Sec. 4. A foundation established under section 3 of this chapter: (1) shall use money received under section 3 of this chapter to: (A) fund in part a public transportation project authorized under this article as required by IC 8-25-3-6(a); and (B) carry out the purposes and prog…

Sec. 5. The foundation established under section 3 of this chapter is governed by a board of directors consisting of at least seven (7) voting members appointed by the board. As added by P.L.153-2014, SEC.17.

Sec. 6. The members appointed under section 5 of this chapter shall be appointed for a term of three (3) years but may be removed by the board for cause. As added by P.L.153-2014, SEC.17.

Sec. 7. The affirmative votes of a majority of the members of the board of directors are required for the foundation to take any official action. As added by P.L.153-2014, SEC.17.

Sec. 8. The fiscal body of Marion County or the board, if authorized to carry out a public transportation project under IC 8-25-4, may enter into any agreement necessary with the foundation to meet the requirements of IC 8-25-3-6(a) and carry out the purposes of this chapter. As …

Sec. 1. (a) The following may create, by an ordinance adopted by its legislative body, an automated transit district: (1) A consolidated city. (2) A city having a population of more than one hundred thousand (100,000) and less than one hundred ten thousand (110,000). The ordinanc…

Sec. 1.1. (a) An automated transit district may be dissolved by an ordinance adopted by the legislative body on a date that is at least three (3) years later than the date the ordinance was adopted. (b) An automated transit district may dissolve itself by resolution on a date tha…

Sec. 10. In any district served by a public transportation corporation, created under IC 36-9-4, the commission may enter into an agreement with the corporation to operate and maintain the automated transmit system and to provide connecting service to, from, and between the areas…

Sec. 11. (a) The commission shall appoint a person to act as treasurer of the district; he shall give bond in such sum and with any condition prescribed by the commission and with surety to the approval of the commission. The treasurer shall be appointed to serve for a term of on…

Sec. 12. The treasurer shall submit to the commission annually, and more often if required by the commission, a report of the accounts, exhibiting the revenues, receipts and disbursements and the sources from which the revenues and funds are derived and in what manner the same ha…

Sec. 13. The treasurer shall annually, and more often if required by the commission, submit his records of account as treasurer of the district to such person or firm, being a certified public accountant or firm of certified public accountants, as designated or selected by the co…

Sec. 14. The commission shall annually prepare a budget for the operation and capital expenditures of the district. As added by Acts 1982, P.L.77, SEC.1.

Sec. 15. (a) To facilitate the carrying out of the preliminary proceedings and provide funds for the payment of expenses prior to the issuance of bonds, the commission may by resolution authorize the making of loans. Such loans shall be evidenced by callable warrants payable out …

Sec. 16. (a) For the purpose of procuring funds to pay the cost of acquisition of property or the cost of construction or installation of an automated transit system, or both, and in anticipation of the receipt of revenues under sections 17 and 18 of this chapter, the commission …

Sec. 17. (a) This section provides for the assessment of benefits and damages to property within the automated transit district. For the purpose of providing all or part of the cost of payment of principal and interest on bonded indebtedness, and expenses of planning, constructio…

Sec. 18. This section provides a formula for a portion of increased property tax revenues resulting from increases in assessed valuation to be used for the automated transit district. For the first ten (10) complete calendar years after the establishment of an automated transit d…

Sec. 2. (a) Any number of persons, not less than fifteen (15), who are the owners of fifteen (15) separate parcels of real estate in the same city may associate themselves together by written articles of association signed and acknowledged by each person, specifying: (1) the name…

Sec. 3. (a) An association, or if an association has not been formed under section 2 of this chapter owners of twenty-five percent (25%) of the parcels of real estate in any proposed automated transit district, may file a petition with the board of public works or board of transp…

Sec. 4. (a) The district created under this chapter shall be governed by and under control of a commission having five (5) members, two (2) of whom shall be appointed by the executive of the city, two (2) of whom shall be appointed by the city legislative body, and one (1) of who…

Sec. 5. (a) A member of the commission may introduce a proposed draft of an ordinance at a meeting of the commission. A person who introduces a proposed draft of an ordinance shall provide at the time of introduction a written copy of the proposed draft. The commission shall assi…

Sec. 6. (a) The commission may adopt a draft of an ordinance only at a meeting which is open to the public. Before adopting an ordinance, the commission shall give opportunity to any person present at the meeting to give testimony, evidence or argument for or against the proposed…

Sec. 7. In addition to the powers and duties conferred upon it elsewhere in this chapter, the commission shall have full power and authority to do all acts necessary or reasonably incident to carrying out the purposes of this chapter including, but not in limitation thereof, the …

Sec. 8. The commission may take any action which it deems proper to recover damages for the breach of any agreement, express or implied, relating to or growing out of the operation, control, leasing, management, or improvement of the property under its control, and for the penalt…

Sec. 9. (a) The commission may exercise the power of eminent domain for the purpose of carrying out this chapter and to award damages to landowners for real estate and property rights appropriated and taken. If the commission cannot agree with the owners, lessees, or occupants of…

Sec. 1. As used in this chapter, "authority" refers to the Indiana finance authority or its successor. As added by P.L.246-2005, SEC.83. Amended by P.L.1-2006, SEC.155.

Sec. 2. As used in this chapter, "federal highway revenues" means: (1) money and obligation authority apportioned or allocated, or anticipated to be apportioned or allocated in the current federal fiscal year or a future federal fiscal year, to Indiana by the United States Depart…

Sec. 3. As used in this chapter, "grant anticipation revenue bond" or "grant anticipation revenue note" means a bond or note, respectively, secured by lease rentals relating to highway improvement projects and anticipated to be paid from federal highway revenues deposited in the …

Sec. 4. As used in this chapter, "highway improvement project" means a highway project for which the department may use federal highway revenues. As added by P.L.246-2005, SEC.83.

Sec. 5. The authority may, by resolution, after budget committee review, issue grant anticipation revenue bonds or notes for any purpose that is authorized by IC 8-14.5-6 and for which the department may use federal highway revenues. As added by P.L.246-2005, SEC.83. Amended by P…

Sec. 6. (a) Before grant anticipation revenue bonds or notes may be issued under this chapter, the department shall prepare a revenue declaration that includes the department's determination that the amount of federal highway revenues received by the state in a particular state f…

Sec. 7. The term of grant anticipation revenue bonds or notes may not exceed twelve (12) years. As added by P.L.246-2005, SEC.83.

Sec. 8. All other provisions of IC 8-14.5-6 apply to the issuance of grant anticipation revenue bonds or notes under this chapter. As added by P.L.246-2005, SEC.83.

Sec. 9. Grant anticipation revenue bonds or notes: (1) constitute the corporate obligations of the authority; (2) do not constitute an indebtedness of the state within the meaning or application of any constitutional provision or limitation; and (3) are payable solely as to both …

Sec. 0.5. This chapter applies only to a toll road project or a facility project and not to a freeway project. As added by P.L.213-2015, SEC.114.

Sec. 1. (a) Notwithstanding any other statute, the authority may fix and revise the amounts of user fees that an operator may charge and collect for the use of any part of a toll road project or a facility project in accordance with the public-private agreement. (b) In fixing the…

Sec. 2. A schedule of the current user fees shall be made available by the operator to any member of the public on request. As added by P.L.47-2006, SEC.39.

Sec. 3. User fees established by the authority under this article are not subject to supervision or regulation by any other commission, board, bureau, or agency of the state, or by any political subdivision. As added by P.L.47-2006, SEC.39.

Sec. 4. (a) User fees established by the authority under section 1 of this chapter for the use of a toll road project or a facility project must be nondiscriminatory. (b) For a toll road project, the user fees may include different user fees based on categories such as vehicle cl…

Sec. 5. A public-private agreement may: (1) grant an operator a license or franchise to charge and collect tolls or user fees for the use of the toll road project or facility project; (2) authorize the operator to adjust the user fees charged and collected for the use of the toll…

Sec. 6. (a) As used in this section, "Class 2 vehicle" means any vehicle with two (2) axles, including motorcycles. (b) If the authority enters into a public-private agreement concerning the operation of the Indiana Toll Road, the authority shall enter into a written agreement wi…

Sec. 7. (a) After expiration of a public-private agreement, the authority may: (1) continue to charge user fees for the use of the toll road project or facility project; or (2) delegate to a third party the authority to continue to collect the user fees. (b) Revenues collected un…

Sec. 8. (a) For any public-private agreement to which the authority is a party under IC 8-15.5 and that was originally entered into before January 1, 2010, the authority may fix user fees under this chapter by rule in the manner provided IC 5-1.2-4-1(a)(2). (b) Any action to cont…